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Item C14BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21, 2002 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to terminate lease with Justo Maqueira concerning office space occupied by the Guardian Ad Litem Program. ITEM BACKGROUND: The Guardian Ad Litem office intends to move into new office space on the second floor of the newly constructed Department of Juvenile Justice Building on Stock Island on October 30, 2002. The current lease with Justo Maqueira does not expire until May 1, 2003. According to paragraph six, if the County vacates the premises before the end of the term, the Lessor shall re -let the space, and if the full rental is not realized over and above the expenses to Lessor for re - letting, the County shall pay any deficiency; if more than the full rental is realized, the Lessor will pay the County the excess. However, according to paragraph 23, the County's obligation to pay under this contract is contingent upon an annual appropriation by the BOCC, and only three month's of rent is being appropriated for the months of October, November and December, 2002. PREVIOUS RELEVANT BOCC ACTION: On April 19, 2000, the BOCC approved renewal of a three-year lease with Mr. Maqueira for the Guardian Ad Litem Program. CONTRACT/AGREEMENT CHANGES: To terminate lease on October 30, 2002, in lieu of May 1, 2003. STAFF RECOMMENDATIONS: Same as noted above. TOTAL COST: To be determined BUDGETED: Yes __X_ No COST TO COUNTY: To be determined REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty. OMB/Purchasing Risk Management ITEM PREPARED BY: Jo". King, Sr. Director, Lower Keys Operations DIVISION DIRECTOR APPROVAL: - Dent Pierce, Director of Public Works DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # Revised 2/27/01 fhi, Inrrrum,m Prep,r•d 6y Nrmr, A��rry SPACE ABOVE THIS LINE FOR PROCESSING DATA -- r SPACE ABOVE THIS LINE FOR RECORDING DATA pus Lne e LLL USe hio �k$rrr=nf, entered into this I / &A day of Z° O p between_ Justo Maqueira hereinafter called. the lessor or landlord, party o the (list part, and Monroe County Board of Coun'0 Commissioners of the County of Monroe and State of Florida hereinafter called the lessee or tenant, party of the second part: XihTtZZdfJ' that the said lessor or landlord does this day lease unto said lessee, and said lessee does hereby hire and take as tenant xk under said lessor the following described premises: (Describe type of prop- erty, address, etc.) 1505 Kennedy Drive, Suite #1 .Habana Plaza Key West, FL 33040 situate in - Key West State of Florida , to be used and occupied by the lessee as Offices and for no other purposes or uses whatso- ever, for the term of three (3) Years , subject and conditioned on the provi- sions of clause ten of this lease beginning the 1st day of May 2000 , and ending the 1 cf- day of May , 20-0.3, at and for the agreed total t2ntal of — Dollars, payable as foll C8l/9G.2•'77 3/ C .2G,s77.yg t ay 3i3-- f AT,ia2.29) 0 1. Monthly rent of $ .9�r6 s ll be paid by Tenant to Lessor, commencing May 1, 2000. Rent shall be increased each year on May 1 J3 �t443 or an amount equal to the Consumer Price Index increase, whichever is greater .2. Lessor shall provide and pay for -all utilities and maintenance to the property, as well as regular cleaning services. 3. Tenant accepts the premises in as is condition. all payments to be made to the lessor on the y f y n a rears p y first do o each gird ever mont!' Gencx without demand of the office ofLessoro c/o P.O Box 2367. Key West. Florida 33045 in the City of Key West or at such other place and to such other person, as the lessor may from time to time designate in writing. The following express stipulations and conditions are made a part of this lease and are hereby assented to by the lessee: FIRST: The lessee shall not assign this lease, nor sub -let the premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and all additions, fixtures or improvements which may be made by lessee, except movable office furniture, shall become the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease. SECOND: All personal property placed or moved in the premises above described shall be at the risk of the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co -tenant or occupants of the building or of any other person whomsoever. THIRD: That the tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their Departments and Bureaus applicable to said premises, forthe, correction, prevention., and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at tenant's own cost and expense. SPACE ABOVE THIS LINE FOR RECORDING DATA FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the Life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereafter made by the lessor, are the conditions upon which the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the lessor, shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder. SIXTH: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter said premises as the agent of the lessee, without being liable in any way therefor, and relet the premises with or without any furniture that may be, therein, as the agent of the lessee, at such price and upon such terms and for such duration of time as the lessor may determine, and receive the rent therefor, applying the same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized by lessor over and above the expenses to lessor in such re -letting, the said lessee shall pay any deficiency, and if more than the full rental is realized lessor will pay over to said lessee the excess of demand. SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said rental that may be collected by suit or by attorney, after the same is past due. EIGHTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other illumination, and for all water used on said premises, and should said charges for rent, light or water herein provided for at any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may at its option consider the said lessee tenant at sufferance and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected -by distress or otherwise. NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and chattels of said lessee, wl.ch•shall or may be brought or put on.,said premises as security for the payment of the rynt herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so collected or found to be.due, together with all costs and charges therefore incurred or paid by the lessor. TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides to remodel, alter or demolish all or any part of the premises leased hereunder, or in the event of the sale or long term lease of all or any part of the 1505 Kennedy Drive ; requiring this space, the lessee hereby agrees to vacate same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this lease. 4 ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the building. TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of.this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or apputenances of said premises, or of the building, caused by any act or neglect of lessee, or of any person or persons in the employ or under the control of the lessee. THIRTEENTH: It is expressly agreed and understood by and between the parties to this agreement, that the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said building. FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the lessee, before the end of said term the lessor is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from" such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without affecting lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this contract. FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and exemp- tion rights he may have now, or hereafter, under or by virtue of the constitution and laws of this State, or of any other State, or of the United States, as against the payment of said rental or any portion hereof, or any other obligation or damage that may accrue under the terms of this agreement. (( SPACE ABOVE THIS LINE FOR RECORDING DATA SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, personal representatives, or successors as the case may be, of the lessee. SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms 9nd conditions contained herein. EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or delivered to the office of the lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract. NINETEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. TWENTIETH: It is further understood and agreed between the parties hereto that any charges against the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval before installation of same. TWENTY-SECOND: RADON. GAS NOTIFICATION (the following notification may be required in some states): Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your county pubic health unit. TWENTY-TH112D: The Lessee's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Lessee's Board of County Commissioners. TWENTY -FORTH: The Lessee, on keeping the covenants and agreements provided for in this lease, will have quiet and peaceful enjoyment of the premises without any interruptions by the Lessor,.except as set forth elsewhere in this lease, or by persons claiming by, through, or under the Lessor. TWENTY-FI=l: Venue for any litigation arising under this lease must be in a court of competent jurisdiction in Monroe County, Florida. ,ZYt Fitness p4erraf, the parties hereto have executed this instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: 00"I C s iI " / wun,,, Sisnamre (a, to L,.,ee) Wim,,, Sisnetur. (u to L..... I toot sisnnure Liebe cTfxc�T /iLt r4 �✓ E/,�? ,4 Primed Neme Po,1 Office Add.... BOARD OF COUNTY COMMISSIONERS OF mqrmft OU , A Mayor/Chai Primed Name Potl fin Addrms r Pr .,d Nam. •..�- .. ..� ,,,. - rKVVED AS TO FOR p I. M LRK STATE OF _Irrlt"1 14 l , ) t; 80 COUNTY OF ._L1'1 f7r1 M p I hereby Certify that Nion,,[[s da �e tii f icer u y authorized `• ) to administer oathsand'1!iffe . le rsonally appeared tnown to me to be the person—L./ described in and who executed the foregoing instrument, who acknowledged before me that :xecuted the same, and an oath was not taken. (Check one:) 0 Said person(s) is/are personally known to me.0 Said person(s) provided the following ype of identification: NOTARY RUBBER STAMP SEAL Witness my hand and official seal in the County and State last aforesaid D8borah B Glppleman this - day of , A.D., gJW *Vli*W Commission CC888741 per ";. ��! Ir Expires November t e. 2o07